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IN RE APPLICATION OF GRAHAM

13 N.J. Super. 449 (1951)

80 A.2d 641

IN THE MATTER OF THE APPLICATION OF DAVID TIERSON GRAHAM, FOR WRIT OF HABEAS CORPUS.

Superior Court of New Jersey, Appellate Division.

Decided May 2, 1951.

Attorney(s) appearing for the Case

Mr. Arthur S. Lane argued the cause for appellant, State of New Jersey (Mr. Mario H. Volpe, Prosecutor of Mercer County, and Mr. Theodore D. Parsons, Attorney-General, attorneys; Mr. Eugene T. Urbaniak, Deputy Attorney-General, and Mr. Frank Lawton, Assistant Prosecutor, on the brief).

Mr. Robert E. Dietz argued the cause for petitioner.

Before Judges McGEEHAN, JAYNE and WM. J. BRENNAN, JR.

The opinion of the court was delivered by WILLIAM J. BRENNAN, JR., J.A.D.

The Law Division, on habeas corpus, by order entered November 20, 1950, set aside Graham's conviction upon an indictment for the high misdemeanor of incestuous conduct, R.S. 2:139-2, and the State appeals. The petition was brought three years after Graham was convicted and sentenced to the State Prison. Graham did not seek review by writ of error within the one year from the entry...

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